On April 29, 2010, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Abelardo E. Lecompte-Torres, M.D. (Respondent), of Ponce,
Puerto Rico. The Show Cause Order proposed the denial of Respondent's
application for a DEA Certificate of Registration, on the ground that
his registration "would be inconsistent with the public interest, as
that term is defined in 21 U.S.C. 823(f)." Show Cause Order at 1.

The Show Cause Order specifically alleged that "[o]n or about
April 7, 2009, [Respondent] filed an application for registration[,]
seeking a DEA Certificate of Registration as a practitioner in
Schedules II through V * * * at the registered location of 620 Lady Di
Street, Apartment 10, Parque Los Almendros, Ponce, Puerto Rico
00716." Id. The Show Cause Order then alleged that on August 21, 2006,
Respondent had voluntarily surrendered his previous DEA registration
pursuant to a Memorandum of Understanding he entered into with DEA on
July 11, 2006. Id.

The Show Cause Order further alleged that on May 2, 2007,
Respondent was indicted in the United States District Court for the
District of Puerto Rico and charged with violations of 18 U.S.C. 2;
1349; 1956(h) and (a)(1)(A)(i); as well as 21 U.S.C. 841(a)(1) and 846.
Show Cause Order at 2. The Show Cause Order also alleged that the
indictment alleged that Respondent had authorized multiple
prescriptions for controlled substances, including hydrocodone, for
internet customers who resided in jurisdictions where he was not
authorized to practice medicine. Id. The Order further alleged that the
indictment had charged him with authorizing "prescriptions for
individuals with whom [he] did not establish a valid doctor-patient
relationship" because he "(1) fail[ed] to establish a sufficient
patient history; (2) fail[ed] to perform an adequate physical or mental
exam; (3) fail[ed] to use appropriate diagnostic or laboratory testing;
and (4) fail[ed] to provide a means to monitor medication response."
Id.

Finally, the Show Cause Order alleged that on January 10, 2008,
Respondent pled guilty to one count of conspiracy to possess with
intent to distribute hydrocodone, a violation of 21 U.S.C. 841(a)(1)
and 846. Id. The Order then alleged that Respondent was subsequently
convicted and sentenced to three years probation. Id.

On May 22, 2010, the Show Cause Order, which also notified
Respondent of his right to request a hearing on the allegations or to
submit a written statement in lieu of a hearing, the procedure for
doing either, and the consequence for failing to do either, was served
on him by certified mail as evidenced by the signed returned receipt
card. See id. at 2 (citing 21 CFR 1301.43(a)); see also GX 10.
Thereafter, on June 22, 2010, Respondent's counsel timely submitted a
letter to the Office of Administrative Law Judges (ALJ) wherein he
waived his right to a hearing but requested the opportunity to file a
written statement. See GX 11. Respondent further stated that he did not
contest the numbered allegations of the Show Cause Order (which are set
forth above), but that he would "bring to [the Agency's] attention
facts that particularize and expand said findings." Id. Respondent
also stated that he would like to bring to the Agency's attention
"extenuating circumstances which should attenuate the agency's final
determination." Id.

However, when, as of September 21, 2010, the Government had not
received his statement, it filed its Request for Final Agency Action
and forwarded the Investigative Record to this Office. Subsequently, on
December 17, 2010, the Government filed an Addendum to its Request for
Final Agency Action, stating that it had since learned that Respondent
had entered into an agreement with the Puerto Rico Board of Licensing
and Medical Discipline (Board), and that on September 22, 2010, the
Board had issued a resolution, the terms of which include, inter alia,
that Respondent surrender his authority to prescribe controlled
substances for a term of three years, effective September 29, 2010.

On December 17, 2010, the Government served the Addendum on
Respondent's counsel by first class mail. Since Respondent's June 2010
letter, DEA has not received any other correspondence from Respondent
or his counsel.

I therefore find that Registrant has waived his right to a hearing
and to submit a written statement beyond that contained in his June
2010 letter. See 21 CFR 1301.43(e). Accordingly, I issue this Decision
and Final Order based on relevant evidence contained in the record
submitted by the Government, including Respondent's statement that he
does not contest the allegations

[[Page 66969]]

contained in the Order to Show Cause. See 21 CFR 1301.46; 1316.49. I
make the following findings of fact.

Findings

Respondent previously held a DEA registration as a practitioner.
However, on September 19, 2005, Respondent was issued an Order to Show
Cause and Immediate Suspension of Registration based on allegations
that he had issued controlled-substance prescriptions over the internet
to persons he neither saw nor physically examined and with whom "he
had no prior doctor-patient relationship," and on whom he did not
maintain patient records. GX 3, at 5. The 2005 Show Cause Order thus
alleged that Respondent acted outside of the usual course of
professional practice and lacked a legitimate medical purpose in
issuing the prescriptions. Id. at 6-7.

Thereafter, Respondent and DEA settled the matter by entering into
a Memorandum of Agreement (MOA), which became effective on July 11,
2006, and which is to remain in effect for five years. GX 4, at 8.
Pursuant to the MOA, Respondent agreed to surrender his registration
and the Government agreed that it would approve his application for a
new registration "after the expiration of twenty-four (24) months from
service of the" 2005 Show Cause Order "barring any unforeseen or
heretofore unknown basis to deny the application," and that "no act
that formed the basis for * * * paragraphs 15-17" of the 2005 Show
Cause Order "shall form the sole basis for [the] denial of
Registration." \1\ Id. at 4-5. On August 21, 2006, Respondent
surrendered his registration. GX 5.

\1\ The MOA also provided that:
DEA is not precluded from introducing this Agreement, violations
of this Agreement and any other relevant allegations, whether
enumerated herein or not, that preceded or may ensue during or after
the effective period of this Agreement in any future administrative
proceedings. Further, nothing in this Agreement shall be construed
as a waiver to use any other grounds for revocation or denial of a
DEA registration, including, but not limited to, the admissibility
of this Agreement and/or any violations of this Agreement in the
event that future administrative proceedings become necessary.
GX 4, at 5-6.

On May 2, 2007, a Federal grand jury sitting in the District of
Puerto Rico, issued a superseding indictment, which charged Respondent
with conspiring to distribute controlled substances, in violation of 21
U.S.C. 846; unlawfully distributing a controlled substance
(hydrocodone), in violation of 21 U.S.C. 841(a)(1); conspiracy to
commit wire fraud, in violation of 18 U.S.C. 1349; and conspiracy to
commit money laundering, in violation of 18 U.S.C. 1956(h) and
1956(a)(1)(A)(i). See GX 7. On January 10, 2008, Respondent pled guilty
to one count of Conspiracy to Possess with Intent to Distribute
Hydrocodone, in violation of 21 U.S.C. 841(a)(1) and 846; on August 8,
2008, the United States District Court entered its judgment finding him
guilty of the offense and sentenced him to three years' probation and
288 hours of community service. See GX 8.

On May 26, 2010, the Puerto Rico Board issued a complaint against
Respondent's license on the ground that he had been convicted of a
crime involving moral turpitude. Declaration of Diversion Investigator,
at 2. On September 2, 2010, Respondent and the Board's Investigator
agreed to a settlement; on September 22, the Board voted to adopt the
settlement. Id.

Pursuant to the settlement, Respondent was allowed to continue
practicing medicine. Id. at 3. However, Respondent "[s]urrender[ed]
his capacity to prescribe controlled substances for a term of three
years." Id. I therefore find that Respondent is currently without
authority to handle controlled substances in the Commonwealth of Puerto
Rico, the jurisdiction in which he has sought registration.

Discussion

Section 303(f) of the Controlled Substances Act (CSA) provides that
"[t]he Attorney General shall register practitioners * * * to dispense
* * * controlled substances * * * if the applicant is authorized to
dispense * * * controlled substances under the laws of the State in
which he practices." 21 U.S.C. 823(f). Moreover, the CSA defines
"[t]he term 'practitioner' [to] mean[] a physician * * * licensed,
registered, or otherwise permitted, by the United States or the
jurisdiction in which he practices * * * to distribute, dispense, * * *
[or] administer * * * a controlled substance in the course of
professional practice." 21 U.S.C. 802(21). See also id. Sec.
824(a)(3) (authorizing revocation of a registration "upon a finding
that the registrant * * * has had his State license or registration
suspended [or] revoked * * * and is no longer authorized by State law
to engage in the * * * distribution [or] dispensing of controlled
substances").

It is undisputed that the Puerto Rico Board has suspended
Respondent's authority to dispense controlled substances in the
Commonwealth, the jurisdiction in which he practices, for a period of
three years, and that he does not satisfy the CSA's requirement for
obtaining a registration. See 21 U.S.C. 802(21) & 823(f). Accordingly,
his pending application will be denied.\2\

\2\ While the Government contends that Respondent's application
should also be denied based on his involvement in an additional
internet prescribing scheme and his felony conviction for
participating in this scheme, see Request for Final Agency Action,
at 7-9; for the reason stated above, I conclude that it is
unnecessary to address whether this conduct provides a further
ground for denying his application.

Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well
as 28 CFR 0.100(b) and 0.104, I order that the pending application by
Abelardo E. Lecompte-Torres, M.D., for DEA Certificate of Registration
as a practitioner, be, and it hereby is, denied. This Order is
effective immediately.

Dated: October 17, 2011.

Michele M. Leonhart, Administrator.

[FR Doc. 2011-27929 Filed 10-27-11; 8:45 am]

BILLING CODE 4410-09-P

NOTICE: This is an unofficial version. An official version of this publication may be obtained directly from the Government Printing Office (GPO).